Edwin Mutua Kioko v Apex Steel Mill Co. Ltd [2015] KEHC 1769 (KLR)

Facts

The Appellant, Edwin Mutua Kioko, filed a civil suit against Apex Steel Mill Co. Ltd. for special and general damages on account of the Respondent's negligence. The learned trial magistrate dismissed the suit, finding that the Appellant had not proven his case on a balance probability.

Issues

1. Whether the learned Trial Magistrate erred on matters of fact or law in finding the Respondent not negligent
2. Whether the learned Trial Magistrate erred in law and in fact in dismissing the Appellant's claim without evidence rebutting his evidence on record

Reasoning

The Court re-evaluated the evidence and found that the Appellant had not proven his case on a balance probability, thus affirming the learned Trial Magistrate's decision.

Outcome

Affirming the learned Trial Magistrate's decision

Authorities cited